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The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict

The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict

Author: Britta Sjostedt
Publisher: Hart Publishing
ISBN: 9781509943937

Published In: November 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509922536

List Price: $72.65

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The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that – apart from the protection offered under law of armed conflict – environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs.

Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.

1. Setting the Scene

I. Introduction

II. Scope of the Book

III. Why Read this Book?

2. Wartime Environmental Damage

I. Introduction

II. Categories of Wartime Environmental Damage

III. Why Protect the Environment in Relation to Armed Conflict?

3. Special Protection under the Law of Armed Conflict

I. Introduction

II. The Foundations of the Law of Armed Conflict

III. Adopting Special Environmental Protection in Warfare

IV. Prohibition on Environmental Modification Techniques: The ENMOD Convention

V. Absolute Environmental Protection in Protocol I

VI. Conclusions

4. Special Environmental Protection under Customary International Law

I. Introduction

II. ICRC Customary Law Study and the Draft Principles of the International Law Commission

III. Special Environmental Protection in Non-international Armed Conflicts

IV. Conclusions

5. General Protection under the Law of Armed Conflict

I. Introduction

II. Applying the General Rules of Protection to the Environment

III. Turning the Environment into a Military Target

IV. Understanding the Attacker

V. Proportionality Test

VI. Calculating the Unknown: The Principle of Precaution versus the Precautionary Approach

VII. 'Greening' the Martens Clause

VIII. Other Rules of Importance

IX. Protection under the Weapons Conventions

X. Conclusions

6. International Environmental Treaties: A Missed Opportunity

I. Introduction

II. International Environmental Law at a Glance

III. Explaining the Missed Opportunity

IV. Applicability of MEAs During Armed Conflicts

V. The Lex Specialis Rule During Armed Conflicts

VI. Meaningless MEAs?

VII. Conclusions

7. New Approach: Reconciling International Environmental Law and the Law of Armed Conflict

I. Introduction

II. The World Heritage Convention and the Ramsar Convention

III. Potential Normative Tensions

IV. Adopting a Reconciliatory Approach

V. The Elements that Enable MEAs to Reconcile

VI. Reconciliation: Is it Possible?

VII. Role of Treaty Institutions

VIII. Conclusions

8. Protection of World Heritage in Relation to Armed Conflict: The Case of the DRC

I. Introduction

II. The Armed Conflicts

III. The Impact of Armed Conflicts on World Heritage Sites

IV. The Application of the World Heritage Convention

V. Contribution of the World Heritage Convention

VI. Conclusions

9. Protection of the Ramsar Sites in Relation to Armed Conflict: The Case of Mali

I. Introduction

II. The Armed Conflict

III. Environmental Impacts and Rising Tensions in the Ramsar Sites

IV. Application of the Ramsar Convention

V. Contribution of the Ramsar Convention

VI. Conclusions

10. The Way Forward

I. Introduction

II. Shortcomings of the Law of Armed Conflict

III. Exploring Other Options

IV. New Outlook: From Lex Specialis to Reconciliation

V. Factors Contributing to the Operation of MEAs in Relation to Armed Conflict

VI. The Way Forward

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